Sunday, December 27, 2015

General Henry Champion

Have you ever discovered something in plain view yet you never really noticed it?   I found such a situation,  a road sign, as you turn onto Rt. 16 towards Colchester entitled “Henry Champion Highway.”  Some questions – who was Henry Champion and why is a highway named for him?  There seem to be at least four Henry Champion’s, the most prominent being father, Henry, Jr., aka Colonel Henry Champion, and his son Henry III, an officer in the American Revolution.

Henry Champion III was born in Westchester (the western section of Colchester) at his family’s magnificent Federal style house (located near intersection of Rt. 16 on Rt. 149).  Although not an East Hampton resident, Westchester, a part of Colchester, had close ties locally as the Champion's owned various properties in Chatham.  The Champions also owned several parcels in Chatham.

Born in 1751, Champion entered into service in the Continental Army at the Lexington Alarm, served as Ensign for 22 days before being promoted to 2nd Lieutenant of Eighth Company, Second Regiment on April 26, 1775.  In May in became a 1st Lieutenant and was one of the men who fought at Bunker Hill.  Promoted to Adjutant on the staff of Col. Samuel Wyllys, he became of the First Connecticut Line.  In July 1779, Champion was detached from his old regiment and appointing Acting Major of the First Battalion Light Brigade, organized by General George Washington to attempt the capture of Stony Point on the Hudson.  This corps was composed of men picked from all regiments and under direct command of General Washington.

Major Champion continued his military career until the close of the Revolutionary War, returning home to Westchester and entered life in politics. The designation “General” was likely an honorary title of respect conferred for the meritorious service during the Revolution.  Champion, with a partner, Moses Cleaveland, dabbled in land development in the Western Reserve and founded current day Cleveland.

Saturday, December 26, 2015

CCC Camp Jenkins Secret Society - 1933


During the Great Depression, the Civilian Conservation Corps, had two locations in East Hampton - one at Salmon River on Gulf Road near the Comstock Covered Bridge and a second, the 181st Company at Camp Jenkins, north of Cobalt near Great Hill. The CCC program, which local resident Martin Podskoch has written extensively, was founded by President Franklin D. Roosevelt to provide work opportunities for young men in a wholesome environment. Organized work initiatives, including stabilizing embankments along the Salmon River or clearing brush in our State Forests, were some of the many projects tackled. For two years, CCC members encamped only a few hundred feet from the Cobalt mine sites, and working in conjunction with the State Forest and Park Commission, cleaned up forest debris and underbrush that had accumulated for years, building tables, benches and cement fireplaces for picnickers and cleaned out the longest of the two horizontal mine shafts still easily found in 1933. Although no longer accessible, for years visitors could walk on logs on the muddy mine floor to its very end, approximately 75 feet in length.

During their work experience, sixteen of the men, CCC members at Camp Jenkins, banded together to form what was believed to be the first secret society of the forest recruits in the U.S. The society, known at I.D.K. Sunset Lodge, No. 1 with officers' stations named after trees, adopted by-laws and elected officers. A prerequisite to admittance in addition to being a member of the CCC was "good character" and the society, advanced by many standards of the era, was open to any race, creed or denomination. The first officers were Great Oak, A. G. Kamm (recreation directors of the camp); Small Oak, Albert Budrow; Sturdy Elm (secretary) Frank Wodin; Tall Pine (historian and publicity agent) Henry Kunz; Hemlock (treasurer) Michael Reynolds; Walnut (outside guard) W. H. Bartlett; Hickory (inside guard) William Kruger; Spruce (guide) Joseph Perkowski; and, Willow (chaplain) Archie L. Brown.

The purpose of the organization was to promote goodwill, entertainment, recreation and the welfare of the majority of young men working at the camp.

The society had six committees including investigators (known as the Birches); membership (Ashes); grievance (Cherry); board of inquiry (Poplars); athletic (Brush) and refreshments (Tall Timber). The right and left supporters to the Great Oak were known as Cedar and Chestnut.

Lodge meetings were held in a log cabin constructed at the camp (no longer standing). Its entertainment committee planned a dance inviting the local public to tour the camp. The first "Sapling" to be initiated was Al Kuchl of Hartford. Ritual included three degrees performed by a team of officer members and regular meetings were held on Tuesday evenings.

Walking tour Edgewater Hill


Remarks by Dean Markham

Sunday April 19, 2015

Chatham Historical Society Walking Tour of Edgewater Hill






Many thanks to Mary Loos for sharing the background of her father John Weinzierl and history of the family and this property here at 140 East High Street;  and to Steve and Lisa Motto for including me today, as I've found from some of my research that I also have some personal and family ties to their property here at Edgewater Hills.

One of the iconic landmarks dotting the countryside as Americans ventured forth to explore this vast country and recreate from their toils was the wayside inn or hotel, or what we fondly call the motel. East Hampton, through the likes of a Bavarian immigrant, John Weinzierl, saw his dream come to fruition in 1952 when he started the White House Motel that until a year ago, stood on this site.

Let’s jump back, however, to 1673. Middletown was awarded additional land by the General Assembly on the east side of the Connecticut River - what was called the second Three Mile Division. This tract started at the boarder of East Middletown, what is now Portland, running north-south about 9 miles and east 3 miles to the Colchester line. The Selectmen in Middletown impaneled a surveying or proprietors committee in 1714 headed by Captain Cornwell and later William Whitmore whose task it was to survey the 3 mile division and lay out parcels of land. This process took over 20 years. The term "lots" derived from the lottery process that Middletown land owners were able to select a parcel in the new territory. They drew lots or numbers that entitled them to receive one or more of the predesignated parcels. There were 273 - 40 acre - parcels. Depending of your assessed property value in Middletown, you received rights to full or partial shares. One had the option of paying the per share price for the lot, selling or trading it. The wealthier or more enterprising drew multiple lots. My ancestor, John Markham, had the fortune of selecting the equivalent of 2 1/2 lots or 100 acres. His draw, as it happens, included the land from Pocotopaug on the point, along the shore of the bay and eastward to this site. Originally known as Markham's Point, it is now Meek's Point, after Arthur Meek acquired most of it in the late 1930s early 1940s. The first Markham home, constructed around 1750 is a Cape style home just across the way on Old Marlborough Road, owned by Steve and Rhonda Kissinger. John Markham also acquired land to Bear Swamp including this Edgewater Hills site. And I guess my family surrounded this site as my Great-Great Grandfather, Edwin Baker, owned what is now the Lake Vista Condo's - it being referred to as Baker Hill.

John Weinzierl, as an 18 year old with $10 in his pocket, and a cousin, Joe Rankl (Marlborough) as a sponsor, came to the United States. Enterprising, John did odd jobs - worked in the bell foundry, did haying and bought land from tax or estate sales - piece by piece. He married at St. Andrew's Church in Colchester in 1935, living on the lake but planning to build a house at 138 East High. John saw the design of a house he liked in Southington while driving his truck, and commissioned Ralph Strong to put his saw mill here on the property (Steve Strong now operates the mill) who cut the lumber. In 1937, Al Knotek (my Grandmother Rose's brother) built the house. John did the bulldozing and excavation and sold wood and fence posts from the lumbering.

Many people who visited our Lake Resorts desired rooms with private bathrooms, so in 1952, to meet the budding demand, John built the White House Motel with 8 rooms. He added efficiency apartments and finished the office on June 24, 1955 in time for his daughter Mary's wedding to George Loos. The old garage at 140 East High was converted to a house in 1965. George and Mary bought the motel in 1966.

In 1989 they sold the White House to their daughter, who in turn sold the property to Steve and Lisa Motto. I think John Weinzierl would have been very impressed and proud of what has developed here, beginning with the entrepreneurial aspirations of a young man seeking his fortunes and opportunity in America to a new generation carrying on the tradition.


Speaking at Town Meeting concerning Purchase of New Ladder Truck

Public Remarks by Dean Markham to the East Hampton Town Meeting, December 21, 2015 concerning the purchase of a aerial ladder truck produced by Pierce Manufacturing.

I rise to support the replacement of a 30 year old ladder truck in use well past its functional prime with no reasonable expectation of continued cost effective maintenance. Its replacement probably should have occurred 5 or more years ago. It's significant replacement cost has annually put such consideration on the back burner - until now.

A year ago the only option available was a dual rear axle ladder truck that probably would have cost equipped near $1.5 million. Our fine and dedicated Fire Commission, Chief Greg Voelker and Company Members did the due-diligence to present to the town a superb alternative with significantly improved features and capabilities at nearly 50% of that original estimate.

One of our highest priorities as citizens is protection of the public health and safety. Often overlooked are the dedicated volunteers who jump to the call to battle fires and other emergencies. This piece of equipment provides safety to them as they serve us. There are also hidden savings that we rarely think about. For example, one increase in the ISO (insurance rating) of our town would cost each homeowner and businesses substantially more annually than any tax increase to pay for the vehicles and equipment appropriate for our firefighters. And, there is an unmentioned expense that would pale this apparatus purchase. How much do you think a full-time paid fire department would cost? We should all be standing and applauding these dedicated volunteers.

The rub tonight is that we are faced with a damned if we do - damned if we don't situation. Our new Republican majority council (Patience Anderson, Ted Hintz, Jr., Mark Philhower, Josh Piteo and Melissa Engel)  has decided, for lack of any understanding on my part, to punish all our taxpayers for bringing this expensive piece of equipment before us. They have totally disregarded the recommendation of our Finance Director and a unanimous vote of the Board of Finance to lease-purchase the truck over 10 years (citing what would be a savings of approximately $8000 a year) by robbing the budget referendum approved capital reserve fund to pay cash for this major item. How many of you would pay cash for a new automobile?

Our capital reserve fund, voted by you, was to smooth the impact of the High School renovation project. I can only surmise that our Council is also punishing all of us for approving that project. Under this plan, you will see a significant mill increase, far, far beyond what is reasonable and what prudent Boards of Finance and prior Town Councils had planned. The current rationale evades me because we all pay. Considering the near record low of interest rates, it would behoove our town to take advantage using the power of our AAA Standard and Poor Rating. We've all heard the rumblings that the Federal Reserve intends to begin raising rates. Now is an opportune time to finance this long-term asset.

So what's the solution? Our public safety or our wallets. You could vote the resolution down. But does that really make sense? NO. The better solution is to adopt the Resolution, and, if our Town Council is wise, in the next few weeks, they have the power to reconsider how the ladder truck is acquired. The bid remains in place until February 7th. Seems like plenty of time to do the smart thing.

I hope you will support the Ladder Truck purchase this evening. Overall it is in everyone's best interests.

Note - The resolution passed by unanimous voice vote of the nearly 250 townspeople in attendance and was declared approved by Moderator Red (Robert) McKinney.

Monday, April 6, 2015

Technology Infrastructure Initiative - Board of Finance





From comments and remarks by Dean Markham to Board of Finance - March 30, 2015


We as a Board of Finance have been evaluating over these past several weeks, the thoughtful requests and needs by our Department Heads, Town Manager, Board of Education and Superintendent. I believe all of us are impressed by the professionalism and creativity of all who testified before us and believe our Town is fortunate to have serving, so many very capable, dedicated and quality personnel. This is a major plus as we face enormous challenges on so many fronts. Regardless of our personal views as elected officials on how best to deliver, we do all agree that we want a better future for our citizens and community.


As we've listened to all these presentations, one overriding theme permeates almost every message - building or improving our infrastructure. That infrastructure takes on many forms - roads and bridges, an environmentally sound lake, facilities such as police station, town hall, schools, fire or public works equipment - much of which we are providing some funding or which the Town Council has begun addressing, and finally, an infrastructure of a different sort - our students ability to excel.


It is this last item - our children's ability to excel - that Mr. Turner, Mr. Hurst and I have been pondering and asking what could we do to provide a "game changer" in the equation and how do we reasonably fund it. As we listened to various presentations, several key elements to what we would like to propose emerged. Common Core State Standards has changed the educational outlook and presented more unfunded mandates. Technology is a key component and will be ongoing in our schools, as it is and will be within business, government and throughout our society. But we have constantly been behind the eight-ball, in many cases a day late, a dollar short and chasing the pack, rather than leading. We have so many talented students, and with the right tools, could make the opportunity for all.


It is with this in mind that we propose a major Technology Infrastructure Initiative for the Memorial and Middle Schools with an estimated cost of $750,000 - a program on the scope of that included for the High School technology component of the rebuilding program. Obviously the High School will have the programs. We exclude Center School at this time because of the RFP the Town Council voted on last week. A solid direction must be established for that facility.


The cost would entail a $750,000 addition to the Capital Program and Budget to be financed with a capital lease. First year lease payments are provided for the initial $250,00 of work under a 3 year capital lease / purchase. Leasing or short term notes provides rational funding during the life of much of the equipment. This initiative is not just a "hand me the money!" It will take a comprehensive plan that the three major Boards - Education, Finance and Town Council must agree to. But as I said - this could be a "game changer" for our community.


With such an initiative comes challenges and a bite of reality. Studying our Student Enrollment Projections, East Hampton has experienced a 13% reduction in student population over the past 10 years and NESDC projects another 14% reduction in the next 10 years, even taking into account several significant building projects such as Hampton Woods, Edgewater Hills and Skyline Estates. The Board of Education must face the reality that reductions of instructional staff must be addressed. The immediate implementation of this Technology Infrastructure Initiative will put East Hampton well ahead of our pier communities - maybe into the elite school systems in our state. And to our many parents who may have struggled with a decision to send or not send their children out of district to a magnet school for instance, we are proposing the changes for excellence.


In closing, our citizens and taxpayers demand the best but at a reasonable cost. The challenge to our Board of Education comes quickly - redesigning and reducing the budget with the radical changes implemented.




Monday, January 19, 2015

Married Teachers Dismissed - 1933


Almost daily, reminders of discrimination permeate media reports, but at one point East Hampton witnessed a situation that would seem by 2015 standards a bit draconian – the dismissal of female teachers – because they were married!  On May 11, 1933, with four of the ten members absent, and Chairman Charles Torkelson abstaining, the Board of Education passed a resolution on a 4-to-1 vote to dismiss (terminate) four married teachers and reduce the salaries of eight others one-third percent (about $50) due to “economic conditions,” effective upon the expiration of teachers’ contracts in June.  The resolution, sponsored by Mrs. Howard W. House, included a provision to fill the positions with un-married teachers. Mrs. House, explained that it was presented “to save money and to open jobs for competent, single and unemployed teachers.” Joining Mrs. House in support were Mrs. Samuel Stewart, Leon Voisin and Richard J. Wall with Deaconess Harriet G. Hyde opposed. 

Two of the married teachers, Alice S. (Mrs. Ralph)  Thatcher and Regina Cheney began a campaign to fight the dismissal, threatening court action, if necessary.  Backed by a strong community effort, a petition was circulated calling for the Board to hold a special meeting to rescind its action.  Other teachers affected were Beatrice H. (Mrs. Raymond) Thatcher and Dorothy Parker. All four had taught for several years and were regarded as experienced and capable teachers. Commenting as President of the Taxpayers’ Association, Hubert Hodge stated that he was thoroughly in accord with any action taken by the Board, or any other official group, to reduce the town’s expenses, and so reduce the heavy burden now resting on the general public.

The Board of Education resolution and action to dismiss four married teachers spurred considerable community debate. The petition had a mixed results - 71 supporting reinstatement of the teachers and 75 against.  It was however enough to bring the issue back. The depression, then in its fourth years, had engendered many ideas for cost cutting and what many thought - fairness. If the husband, the primary breadwinner, had employment, why not give positions to unemployed single teachers? It would give more townspeople at lease some income.  At a Public Hearing and Special Meeting of the Board of Education on May 31st, the action previously taken was rescinded on a 5-to-4 vote after lengthy discussion.  Opposition to the dismissal was led by A. D. Williams who challenged the “economic issue” as “petty,” and was supported by the Rev. Edwin C. Field, Dr. John D. Milburn, Mrs. Milburn and Achille Cozzi.  Mr. Williams noted that the possible minor saving was estimated to be  $900 or less than 75 cents per taxpayer. 

Members Edward H. Wilkins, Mrs. Nellie Barton, Forest G. Thatcher (not husband of either of the dismissed teachers) and Mrs. Ethel Butler joined in the vote to overturn the previous action.  Speaking at the public hearing, Mrs. Regina Cheney, one of the teachers to be dismissed  “deplored the method and secrecy of the Board action in dismissing her.  She noted that she was informed by one of her pupils the following day.  She thought it most unfair to ask her to move to town and to transfer her from one grade to another with the implication that she was to remain, and then dismiss her.”  Mrs. Cheney even suggested that she would be willing to consider a reduction in salary if the economic conditions of the Town warranted it. Mr. Field pointed out that it was more to the point to consider the competence of teachers than to put a premium on the "M-R-S" in front of a woman's name and stressed the fact that children should be considered before economics.  The final outcome actually surprised many.
 
After being reinstated with the Board's rescission of the Resolution, Beatrice Thatcher, Alice Thatcher and Dorothy Parker tendered their resignations shortly after the close of the school year.
At the end of July, Mrs. Regina Cheney's contract was not renewed by the Board of Education, thus ended the East Hampton teaching careers of four married teachers.

Sunday, June 1, 2014

Lake Pocotopaug Dam and Water Rights










Exploring Lake Issues by Round Table Meeting



The March 6, 2014, at an East Hampton Round Table meeting organized by Chairman Barbara Moore of our town Council, once again raised concerns, questions and challenges pertaining to the future of Lake Pocotopaug, specifically with control of the dam and level of the water in the lake, all of which have irrefutable ties to the very formation of the town. Those attending questioned why a private party controls the Lake's water levels, a perennial theme of lake area property owners and boating enthusiasts since the 1940s. Nearly every summer someone or some group questions why the water level is so high or low, and like the weather being too hot or cold - is often a personal perception! Who controls that level, what is done to monitor it, and finally, what could be done about the situation so that the Town and its people could assume that responsibility emerged as objectives coming from the Round Table and forwarded to the Town Council. Over the years, numerous demands, requests, or petitions to Selectmen, Town Council or Town Manager or in 1976 to the Inland Wetland Commission, by irate homeowners have been met with the same response. After review, usually by town legal council, none of which has been particularly thorough, it has been surmised that since "The Bevin's" (Pocotopaug Water Power Company) own the dam, that they control the water flow and lake level and there is little the town can do unless it wants to purchase that property and the "so called" rights to control that water flow and thus control the level of water in the Lake. To begin to tackle the question one needs to jump back in time to 1714 when a 5 man Proprietor's Committee was appointed by Middletown Selectmen and Town Meeting to survey, divide and award lots to property owners in proportion to the assessed value of their Middletown property.



The Gordian Knot



Lake Pocotopaug dam, its ownership, operation and historic rights, are a huge Gordian's Knot, not easily unraveled. Yes the Bevin's (Pocotopaug Water Power Company) acquired some right in the 1850's, but not what they now claim or have expropriated over time. To unravel the questions one must begin in 1714 when a five man Proprietor's Committee was appointed by the Middletown Selectmen to survey, divide and award lots in the Three-mile Division to property owners in proportion to the assessed value of their property. This process took over 25 years. After accounting for previously granted land to James Wright and others, common areas and highways and Pocotopaug Pond of 540 acres, the remaining 12,576 acres were allotted in 43 acre Lots. What we know as East Hampton was the unsettled territory East of the Great River - land granted ownership and rights by the Colony's Governor and General Court (the predecessor of our Governor and General Assembly). This territory encompassed three areas of settlement - East Middletown (today's Portland), Middle Haddam and Haddam Neck, and the 3-mile Division we know as East Hampton. It wasn't until 1739 that settlers began moving into the area, there to find much of the land not suitable to farming. Of immediate value was the Pond - Pocotopaug - not commonly referred to as a lake until 1900. In colonial times this body of water was not what we perceive today - a recreational treasure for boating, swimming, fishing and its lovely vistas. The gem in 1740 was the water flowing from the southerly outlet of the Pond. The Pond itself was of little value, at least not until the mid 1800s when ice was harvested during the winter and stored in several ice houses for cooling and preserving food. The real value of the lake was the power that could be provided to run water wheels to saw logs and timber, mill grain, and hammer the iron from forges in an emerging industrial age.



Pocotopauge Water Power Company



The Pocotopauge Water Power Company, incorporated November 28, 1899, was formed by owners of the 5 major mills along Pocotopaug Creek - Ernest G. Cone - Summit Tread Co., J. M. Starr - Starr Bros. Manufacturing, A. Avery Bevin - Bevin Brothers Manufacturing Company, H. N. Hill - N. N. Hill Company and George W. Goff and A. H. Conklin - Gong Bell Mfg. Co. The purpose of PWPC was "to own and secure water rights, lakes and ponds, wherever the same may be situated, and in connection therewith to build and acquire reservoirs, aqueducts and canals for the purpose of supplying water for power, domestic and all other uses, within the Town of Chatham; and in pursuance thereof to build and lay water mains through the streets and highways of said town, and generally do all things incidental to said business." Certainly an ambitious undertaking, since there seems to be no approval by the Town, its Selectmen or Town Meeting. In pursuance of PWPC objectives, it acquired property of Bevin heirs on May 15, 1900, which conveyed a certain piece or tract of land known as the "Forge Privilege." Interestingly, the deed specified only that the "right is herein reserved to heirs of Chauncey, Abner and Philo Bevin to raise the water in their factory pond to the level of the lower side of the bottom stone in the east end of the old Forge Dam." The location of the Old Forge dam is uncertain but unlikely not on the Lake, nor does there appear to be any indication of a right to construct a dam or control the water level on Pocotopaug - only the "Bevin" factory pond which was dismantled in the mid 1980s after DEP determined it unsafe following an Army Corps of Engineers inspection.





Iron Works Rights and Privileges



The Bevin brothers, Abner, Chauncey, William and Philo began acquiring the land and old forge rights once associated with the iron works on East High St. in 1850, about 18 years after formation of their bell company. Bevin Bros. has always been located just off of Summit Street – the site of the horrendous fire in May 2012. Acquisition of the old iron works site filled a strategic need to incorporate water power to drive machinery for their factories. To do so, control of the flow of water was required. This was accomplished first, by construction of a holding pond on their property on Pocotopaug Stream, and second, acquisition of the iron works property whose land ran to the southern shores of Pocotopaug Pond and its outlet. In the 19th century, some damming with water flow control enabled them to fill the Bevin Pond at night and drain the pond to operate the water wheel during the business day. The ownership of the “forge privilege” dates back probably to the 1740s but there is no indication in records that those rights included any right to dam the Lake. During the late 1700s up until the first iron forge was torn down in 1810, several men including Abijah Hall and Abijah Hall Jr. owned the land and the forge privilege. In 1795 the Rev. Joel West acquired the land and Cape style house (standing behind Island Coffee Trader on East High Street) along with all the land on West Point; however, the “forge privilege” which apparently included the use of the land and the buildings thereon, was retained. Those rights were sold at various times to others such as Elijah Buell, Elijah Buell, Jr., Joseph Buell, Nathaniel & Jobe Doan or Isaac Riley and Elkanah Sears who continuing operation until 1810.



The New forge and Expanded Rights



In 1825 Jedediah Barstow built a new forge and scythe factory on the site of the old iron works, having acquired a half interest in the “Iron Works standing on Pocotopauge Stream near the Pond and also one equal half of all the land and one equal half of all the buildings standing on or near said premises with all the appurtenances and privileges thereto belonging – reference to Joseph Buell being had for bounds” from Henry Strong. In 1830, Barstow purchased the land including West Point and the 1.5 acres from the Hebron – Middle Haddam Highway from the heirs of Rev. West and others and on a parallel track began acquiring the remaining shares of the Iron Works owned by various parties including Henry Strong, David Buell, William Sears, Henry Bailey, Harry Roberts and William Richmond. The deeds as recorded state that Barstow acquired “one undivided sixteenth part of the Iron Works standing on Pocotopauge Stream near the Pond in Chatham also one undivided sixteenth part of Dwelling house & one coal house with all the privileges, lands and appurtenances therewith belonging – reference to Elkanah Sears deed may be had.” Elizabeth Barstow sold the forge to Charles Shepard in 1847 upon her husband's death. That deed describes a parcel on the Hebron & Middle Haddam Turnpike extending Northerly to Pocotopaug Pond until you come to the east side of the trench leading out of said pond south then along the East side of the trench by lands, heirs of Rev Joel West back to turnpike…with all the buildings, mills, mill privileges, rights of Pond and water appertaining or belonging thereto or to the forge or Iron works or other works thereon standing.” Amazingly, this deed transferred rights never previously granted in prior deeds.





Rebuilding the Dam - 1953



Spring storms had pushed the 50 year old dam to its limits. The gate controlling the flow of water jammed under the immense pressure thus keeping it in nearly a fully opened position prompted several meetings of the Pocotopaug Property Owners Association. Mr. Chauncey Bevin trustee of the Pocotopaug Water Power Company reported plans had been in the works for some time to repair the dam. This work commenced in November by the Hubert Butler Construction Company and completed Dec. 8, 1953. The Middletown Press reported on Nov. 3rd, that "The normal high water level will be the same as it has been in the past. This portion of the dam will contain a gate for controlling the flow of water for use by local industry. Inasmuch as no local firm is dependent upon water for power any more, the maximum rate of flow should be less than half that which was formerly maintained during the working day."



So, why rebuild the dam? The reason was likely economic. The owners all had operating mills along Pocotopaug Stream. The dam was a way to monitor water flow to protect their facilities. People had become accustomed to the higher levels of the lake. Disruption from status quo might raise questions as to exactly what rights existed. If the dam and higher water level were not maintained, the entertainment and summer resort industry that grew in the teens and early 20s, which contributed significantly to the property tax base, could be decimated. The taxable value of individual lake properties would plummet. All the factory owners were residents of the Town and they too enjoyed the beauty of the lake. Had the dam not been repaired, the end result would have been significantly higher property taxes to the 5 factory owners of the PWPC.



Inland Wetlands Commission



Responding to Mr. Robert Crammer, Chairman, regarding Inland Wetlands Commission requests for the Pocotopauge Water Power Company to file for and obtain a permit to operate the dam, Chauncey G. Bevin wrote on June 29, 1976.




"In an attempt to be brief, I am advising that the only purpose I have for having built the dam at Lake Pocotopaug, maintaining and operating it is to provide a service to the town, its residents and property both public & private.




The service is provided at no expense whatsoever to the town and includes among others the following:

(1) a large recreational area for various water activities (2) a tremendous reservoir of water for whatever the needs might be (3) a means of controlling the flow and volume of water which is on occasion used to prevent flooding and possible disaster to private and public property (4) a means of controlling dangerous ice conditions in the winter season thereby preventing damage (5) personnel on duty in my employ 24 hrs per day to provide surveillance of unusual conditions (6) numerous other services and actions required




The entire cost of the operation is assumed by myself. In addition, the town further benefits from the taxes I pay on the dam for the privilege of providing this service.




I would again call to your attention the fact that I do not make the weather nor control it. I do however to the best of my ability, and in the overall best interest of everyone, attempt to co-exist with it.




I also would point out that before I took charge of this operation, there was no water to control. We now have a beautiful lake instead of a nearly dry puddle.




In view of the fact that this dam is in operation and has been for over seventy years under the permit of the DEP and its various predecessor, I believe any other permit is not required. To do so would conflict with State Statutes long in existence. (Ref. Chapter 479 Section 25-110 thru 25-119). Further, your fee for this application you refer to would be $2,558.50."




Attempt to Permit Water Flow




In the early 1970s after the formation of the town's Inland Wetlands Commission, it had questioned the ownership of the dam and control and discharge of water flow, requesting that the Pocotopauge Water Power Company file for a permit to use and discharge water from the Lake. Represented by Attorney Edward F. Woodward, PWPC met with the Commission and provided documentation back to 1900 of the it's ownership and understood rights acquired pertaining to the property and dam built thereupon. Town Counsel, Edward C. Wynne of the firm Wynne, Pontillo & Lynch provided support and opinion to the IWC. In an opinion letter dated October 21, 1976, to Mrs. Doris Barton, Application Coordinator, Attorney Wynne addressed several issues raised by the Commission, including their efforts to require the PWPC to file for and obtain a permit. Mr. Chauncey G. Bevin, graciously met with and provided information and tour of the dam, demonstrating its operations as well as those of Bevin Pond and explained the history of the dam and the other mill ponds that had been constructed on Pocotopaug Brook. He also described conditions, safety measures, and history of hurricanes and floods and damage done by them in past years and decades.




Inland Wetlands Commission meetings in 1976 centered on the issue of control of water flowing from the Lake and the possibility of obtaining permits to do so. Mr. Chauncey Bevin, Pocotopauge Water Power Company trustee and President of Bevin Bros. Manufacturing Co. appeared before the Commission and explained earlier methods of damming, raising and lowering the level of the Lake prior to construction of the 1953 dam. At that time it was Attorney Wynne's (East Hampton Town Counsel) opinion that "if the PWPC was forced to apply for a permit and a permit was issued limiting its right to raise or lower the level of the lake as to water level or as to method or time of raising or lowering such water level, such limitation might well be a taking (condemnation) without compensation, which would be set aside by the Superior Court upon appeal." This apparently was determined from conversations with and correspondence from Mr. Bevin's attorney Edmond F. Woodward, who performed a cursory examination of title, ownership and rights - particularly with respect to damming the Lake. However in an August 20, 1976 letter to Town Counsel Wynne Attorney Woodward stated "the control of the dam and flow of the water has been controlled by Bevin Bros. Mfg. Co. and PWPC since the 1830s and probably long before without question and without challenge. Until very recently, neither the State nor the Town nor any has ever questioned such control."




It is here that Town Counsel Wynne nor Mr. Bevin's attorney failed to conduct a complete and accurate examination of the titled rights, just assuming what was claimed actually existed. Clearly, Bevin Bros. Mfg. Co. only acquired the old Jedidiah Barstow rights in the 1850s - not in the 1830s or earlier.




The Iron Works




The water flowing from Pocotopaug Pond provided immediate value to new settlers of the three-mile division. Lot 132 was awarded by the Proprietors Committee, then sold to Giles Hall sometime in the 1730s, Mr. Hall and his partner, Jabez Hamlin, enterprising entrepreneurs both within Middletown and on the east side of the Connecticut River, constructed the Iron Works and in subsequent property purchases and sales established easements for "Forge Rights and Privileges" pertaining to the use of water flowing from the outlet of the Pond to power a water wheel. Today it would seem absurd, but in the 1740's East Hampton had one of the only iron works and forges in the Northeast. Iron discovered and mined in Salisbury was smelted into pig iron and carted by oxen 60 miles to be refined. Then, with the mechanical power from one or more water wheels, it employed its great hammer to prepare iron into workable thicknesses. This product was instrumental in the Middle Haddam shipbuilding industry and provided a laboratory where generations of East Hampton men could observe firsthand the process of metal making. This familiarity became crucial for the emerging bell industry of the 19th century. The Iron Works, located on Pocotopaug Stream near the shores of Pocotopaug Pond, is now part of the American Distilling Plant. The earliest land records refer to it as Iron Works Highway, later the Hebron Middle Haddam Turnpike, Smith Street and finally East High St. The original "forge privilege" does not appear to be granted by any political authority such as Middletown Selectmen. The Hall family built the iron works with operation passing to Abijah Hall and later his son up until 1810. A new forge was constructed in 1825 along with a scythe factory when Jedediah Barstow acquired the land and "old forge privileges."





When you don't have the right - Get Creative!



The Pocotopauge Water Power Company, incorporated in 1899, began an ambitious construction project to dam the Lake and provide controlled water power through a series of mill ponds along Pocotopaug Stream as it traversed through the village center. In 1899, no laws or regulations existed by which PWPC would be required to apply to construct or operate a dam or regulate and control the level of water in the Lake or water flow. The fact is that PWPC incorporation preceded the current State regulatory authority, DEEP or its predecessor, the Parks and Forest Commission by over a dozen years. So how did PWPC gain such control? The simple answer, they acted as if they owned the right! The more complex answer lies in several documents executed in 1903. The PWPC officers and trustees had commenced construction of the dam and apparently determined they possessed no such rights. In an ingenious plan, the officers obtained a number of 999 year leases were negotiated first with Lorenzo Rich and then a number of other Lake front property owners. Mr. Rich and the others, even though they did not possess the rights, granted the PWPC "full leave and liberty to erect and maintain and permanently establish their dam across the outlet to said Pocotopaug Lake, one foot higher than the present dam, to wit, as high as a certain bronze bolt set in a boulder near the middle of the present dam, and to flow water so much." Lacking any rights, the PWPC officers tried the next best thing. Secure from every Lake front property owner the above mentioned contractual provisions. Unfortunately, only about half the property owners entered into said leases. In the end, the Town, the Sears family, among others, didn't. Not to be stymied, the PWPC just pretended from the few leases executed to possess such rights and for well over a hundred years perpetuated the myth that the PWPC and Bevin family or Bevin Brothers Manufacturing Co. owned the rights to control the water in and flowing from the Lake.